Case Summary
Alikutty, aged 65, filed a petition to evict Arshad from a building due to rent arrears and bona fide need for his unemployed son to start a business. Arshad contested the petition.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Rent Control Petition
Final Judgment
No
The court ordered Arshad to vacate the building within three months, pay arrears of rent, and cover the petition costs.
Why Plaintiff Won:
Losing Side's Weaknesses:
Supporting Evidence
Judgment Evidence:
The respondent is directed to give vacant possession of the petition schedule building to the petitioner within three months from today. The petitioner is entitled to realise the costs of the petition from the respondent.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Alikutty
- Party Age
- 65
- Relation
- S/o. Menothil Poopparambil
- Party Role
- Defendant
- Party Name
- Arshad
- Party Age
- 55
- Relation
- S/o. Pazhaya Puthan Veettil
Plaintiffs Documents
Copy of Lawyer Notice, Postal Receipt, Certificate of Registration, Letter from Senior Director of Technical Education, Certificate of Technical Engineers Membership, Counter Foil of Receipt Book
Defendants Documents
Advocates
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Respondent directed to give vacant possession of the building to petitioner
Evidence:
The order under Section 11 (2) (b) shall be vacated on deposit of arrears of rent within one month from the date of this order.
Relief Type:
Costs
Outcome:
Granted
Description:
Petitioner entitled to realize the costs of the petition from the respondent
Evidence:
The petitioner is entitled to realize the cost of the proceedings from the respondent.
Documents & Evidence
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Petitioners issued lawyer notice through counsel demanding surrender of vacant possession
Reference:
Exbt. A1
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Evidence of unserved letter
Reference:
Document Type:
Certificate of Registration
Submitted By:
Plaintiff
Relevance:
Related to the case
Reference:
Exbt. A3
Document Type:
Letter from Senior Director of Technical Education
Submitted By:
Plaintiff
Relevance:
Related to the case
Reference:
Exbt. A4
Document Type:
Certificate of Technical Engineers Membership
Submitted By:
Plaintiff
Relevance:
Related to the case
Reference:
Exbt. A5
Document Type:
Counter Foil of Receipt Book
Submitted By:
Plaintiff
Relevance:
Evidence of received rent
Reference:
Exbt. A6
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Owner requires property for own use
Case Code
Case between Alikutty et al vs Arshad regarding Rent Control Petition
Case Code Year
Case between Alikutty et al vs Arshad regarding Rent Control Petition